CAPITAL PUNISHMENT RESEARCH PROJECT
P.O. Drawer 277 - 100 East Main Street
Headland, Alabama 36345 a
Watt Espy ei, Phone
Research Specialist (205) 693-5225
. c Watt Espy, 1988.
February 2nd & 3rd,, 1988.
To:;:Neal M, Frank
Re
: Innocent persons executed in the United States, |
The following cases are of persons who have been legally executed
in this country and subsequently found to be innocents: They are
arranged by State,
ALABAMA,
1) Charles Gamarra, hanged at Mobile, Alabama, on May 19,
1820, Gamarra was convicted with Victoraino de Sayas, another
Cuban black, of the murder of Diego Alvares, Gamarra main-
tained his innocence and, immediately prior to their execution,
Sayas confessed that he alone had killed Alvares., Because of
the distance from Mobile to the capitol, it was impossible to
obtain a Gubernatorial pardon or reprieve,
2) Littleton. Prince was hanged at Monticello, Pike Co., in 1833
following conviction for slave-stealing. A northerner, Prince
had been charged with counterfeiting but released when he
turned state' s evidence against his accomplice, He was
traveling home ‘when, in Georgia, he met runaway slaves be-=
longing to Messrs, Green Ball and Robert Hos by of Pike County,
Hosby overtook them as they were traveling together and Prince
Was returned to A labama and tried on the then capital charge
of slave stealing. Both he and the slaves swore that he was
innocent of the charge, Appeal citation::4 A labama (3
Stewart & Potter) 253,
3) Charles R. S. Boyington, hanged at Mobile on February ‘20,
1835. Boyington, a native of Connecticut, was a young printer
and poet who had arrived in Mobile virtually penniless, He
was befriended by another young printer, Nathaniel Frost, and
they became the best of friends, On the afternoon of May 10,
1834, they went for a walk together and the next day Frost's
body was found in a cemetery. Boyington was captured a few
days later at Claiborne, “labama, and returned to Mobile for
trial, The evidence against him was wholly circumstantial
and he vigprously protested his innocence, In 1847, the
landlord of the rooming house where the two you men lived
made a death=- bed confession that he had killed and robbed
Fros t. Appeal citation: 2 Porter (Alabama) 100,
CAPITAL PUNISHMENT RESEARCH PROJECT
P.O. Drawer 277 - 100 East Main Street
Headland, Alabama 36345
ree | (205) 693-5225
Research Specialist
February 5th, 1988,
To; Neal M, Frank,
Re: The executions of innocents. 4ttached report,
Nothing can be more disturbing that the execution of persons who
are subseyuently found to be innocent. The attached list of 74
Such cases is by no means complete. To prepare a complete list
of all such cases in our country would necessitate a thorough
review of the information that I have on each of 15,686 confirmed
legal executions under civil authority in the Uhited States, This
would take far more time than is avallable, These were selected
by notes that I have in a group which I call "special categories"
but only began aking a couple of JExYS ago; a review of over
200 books on the death penalty and crime in my own libraby and
completely scanning my ledger containing a list of all execu-
tions and checking on those that I Could recall might involve
the execution. of an innocent person,
Additionally, some people who were obviously not guilty, but
hanged for reasons of hysteria or bigotry (such as the 35 persons
Séxecuted for witchcraft and the four people - 3 men and 1 woman ~
who were tried, condemned and executed in colonial Massachusetts
for being quakers) are not included,
Many, mnay persons.were executed in the earlier days for crimes
which would, by no means, be considered capital today. For those
of us who live in our more "civilized" Soclety, we are horrifged
to think that our XKEKBXX ancestors actually executed persons
for adultery, beastiality, sodomy, picking pockets, concealing
the birth of a still-born child, forgery and a variety of other
Minor offenses and transgression against the moral and criminal
codes, But many have been executed for Such offenses,
188 5 hanging of Carmine Santore in Maine, ‘+he general peréeption
of the unjustness of these executions led to the total abolition
Mention should also be made of the State of Michigan, The last
execution, under the authority of the State, was that of Stephen
G., Simmons on September 24, 1830, for the murder of his wife,
Simmons had been intoxicated at the time of the crime, and there
was much sentiment for sparing his life. In fact, Thomas G,
Knapp resigned his position as Sheriff of Wayne County rather
than perform the duty of his office which required that he serve
as the executioner,
Phone
edie Lxecution of Innocents,
Michigan had no further executions, but in 1838 a man named
Fitzpatrick was hanged at Sandwich, Ontario, across the border
from Detroit. Subsequently a man named Sellers made a death-
bed confession to the murder for which Fitzpatrick had forfeited
his life, "In the revised code of Michigan laws which became
effective March 1, 1847, the penalty for murder in Michigan was
limited to imprisonment for life." These two executions were
créited with ending Michigan' s experiments with the death
penalty. However, it should, in all fairness, be stated that
one Anthony Chebatoris was hansed at the U. §, Penitentiary
at Milan on July 8, 1938, following conviction under 4 new
Federal Bank Robbery Act. Governor Frank Murphy, later to
serve on the United States Supreme Court, made fervent pleas
with Bnesident Franklin D., Roosevelt to carry out the execution
in some other state. But the law clearly stated that one con-
victed and sentenced to death under Federal law had to be execu-
ted in the state where the conviction was obtained, "History
of Executions in W hat is Now the State of Michigan," by Lewis
H. Burbey;; MICHIGAN HI STORY MA GAZINE, Michigan Historical
Commission, Lansing, Vol, XXII, 1938),
E xecutions of the innocent are inevitable in any country that
Sanctions the death penalty. aA particularly sad case was again
in Canada, our neighbor to the north. In 1913, Mrs, Henry Love
was bludgeoned to death in her Ontario home, a crime for which
her husband paid with his life on the Gellows., Their 14-year-old
Son said nothing at the time, In 1921, Arthur Love, then 21,
was converted at a revival and announced to a shocked congregation
the awful secret that he had carried through the years - thathe
had murdered his mother when she reprimanded him for "keeping
bad company." (JOURNAL, Minneapolis, Minnesoata, duly 25, 1920),
The hanging of an innocent man led to the abolition of the death
penalty in England. In 1949, Mrs, Timothy Evans and her 4-year-
old daughter, Geraldine, were found murdered, Her husband was
the logical suspect and was "persuaded" to confess, The most
damaging testimony against him was that of a downstairs neigh-
bor, John R, H. Christie. On the basis of his own false con-
fession and Christie' s testimony, Evans was hanged. Four years
later, when Christie moved, it was found that corpses, including
that of his wife who had long been missing, were found behind
various sealed closets and Storage places, When Christie was
arrested, he confessed to eight murders including those of Mrs,
Evans and Geraldine. Christie was hanged and Evans was granted
&@ posthumous pardon by queen Elizabeth Il. (en Rillington.
Place, by Ludovic Kennedy; New York: Simon and Schuster, 1961),
This case, and the blatant miscarriage of justice that it repre-
sented did more than anything else to bring about the total
abolition of the death penalty in England,
In each case where innocents were hanged, a jury unanimously be-
lieved that they were guilty! Because if death's finality,
there is no way for the state to adequately repair a miscarriage
of justice in a capital case either to the victim of the exe-
Cutioner or to his family.
nr Bibliography - Innocents Executed,
59) Sberna: Lawes, pp 337-39; COURTROOM, by wuentin Reynolds, 1950,
pp 334-342; TH GUanDIANS, by Joseph M. Sauter & Sheldon Abend;
New York: Zebra Books, 1979, pp 77-79; Bedau & nadelet, 158-159,
60) Johnson: Court records; Correspondence with Hugh Jack
Jonson, Box 692, Reidsvill, NC 27320 who provided statements
of offenders contemporaries,
Ohio;
61) Griffin; HISTORY OF BUTLER COUNTY by Anthony Wayne,
62) Sterling: VINDICATOR,, Youngstown, OH 3-6-1877; BEE, Sacramento,
Oh: 106121908.
P ennsylvania;
63) Wilson;:Teeters & Hedblom, pp 123-125; DAILY NATIONAL INTELLI-
_ GENCER, Washington, D. C., 10 -13-1821 (3/3)
Rhod Island;
64) Gordon; Teeters & Hedblom, p 442; McDade, pp 109-110;
Letter dated 8-1<-1975 frém Julius w., Michaelson, Attorney General
of Rhode Island,
South Carolinas.
65) Sims: REMINISCENCLS OF NEWBERRY, by John B, Carwile;
Charleston SC; Walker, kdwards & Cogswell Co., 1890, pp 260-263,
Tennessee;
66) Reilly: HISTORIC MADISON, by Emma Inman Williams, Jackson, TN,
Madison County Historical Society, 1946, paze 244,
67) LAWSON: HISTORY OF TEBNESSEE WITH A SKETCH OF HAMILTON
COUNTY; Goodspeed Publishing Co., page 836,
68) Brown: : COURILR-JOURNAL, Louisville, KY, April 16, 1887.
69) Mays:: SENTINEL, Knoxville, TN, Mar. 15, 1922; "A @ase of
Prejudice," by John Egerton, SOUTHERN EXPOSURES, July, 1983, page 56,
Texas;
70) Rodriguez: OLD WEST, Winter, 1963, page 32,
71) Mitchell; XXAXXXXEKAXERKEXRRXEXKHK I' LL DIE BEFORE I. RUN,
by ¢. L. sSonnichson; New York: Devin Adair vo., 1962, ppll9-22;
NOLA quarterly, Summer, 1987, page 17.
Utahs
(72) Lees; McDade, 177-178; RbAL WEST, Jan., 1980, p 18;
ARIZONA REPUBLIC, Phoenix, AZ Oct. 4, 1987.
TH) Kendall: XSXBXXHAKKK "A Discourse on Virginia (1608)," by
Ldward Maria Wingfield, #oaNSACTIONS AND COLLECTIONS OF THE
AMERICAN ANTI 4UARIAN SOCIETY, Boston, 1866, p 77
Hill; THE CASE OF JOE HILL, by Philip 35. Foner; New York;
Le deems parit Publishers, 1964; Bedau & xadelet, 125-126,
cov e Bibliography - Innocents Executed.
59) Sberna: Lawes, pp 337-39; COURTROOM, by wuentin Reynolds, 1950,
pp 334-342; THE GusanDIANS, by Joseph M. sauter & Sheldon Abend;
New York; Zebra Books, 1979, pp 77-79; Bedau & nadelet, 158-159.
60) Johnson; Court Records; Correspondence with Hugh Jack
Jonson, Box 692, Reidsvill, NC €7320 who provided statements
of offenders contemporaries,
Ohio; :
61) Griffin: HISTORY OF BUTLER COUNTY by Anthony Wayne.
62) Sterling: VINDICATOR,, Youngstown, OH 3-6-1877; BEE, Sacramento,
OA, 10-11-1905.
P ennsylvania:
63) Wilson;:Teeters & Hedblom, pp 123-125; DAILY NATIONAL INTELLI-
GENCER, Washington, D. C., 10 -13-1821 (3/3)
Rhod Island:
64) Gordon: Teeters & Hedblom, p 442; McDade, pp 109-110;
Letter dated 8-1<-1975 frém Julius WwW. Michaelson, Attorney General
of Rhode Island,
South Carolinas.
.65) Sims; REMINISCENCES OF NEWBERRY, by John B. Carwile;
Charleston SC; Walker, Edwards & Cogswell Co., 1890, pp 260-263,
Tennessee;
66) Reilly: HISTORIC MADISON, by Emma Inman Williams, Jackson, TN,
Madison County Historical Society, 1946, page 244,
67) LAWSON: HISTORY OF TEENESSEEL WITH A SKETCH OF HAMILTON
COUNTY; Goodspeed Publishing Co., page 836.
68) Brown; :COUKIER-JOURNAL, Louisville, KY, April 16, 1887.
69) Mayss: SENTINEL, Knoxville, TN, Mar. 15, 1922; "A @ase of
Prejudice," by John Egerton, SOUTHERN EXPOSURES, July, 1983, page 56.
Texas;
70) Rodriguez: OLD WEST, Winter, 1963, page 32.
71) Mitchell: XXAXXXXEXAXERRAKKEXEXKRHKX I' LL DIE BEFORE I. RUN,
by ©. L. sonnichson; New York: Devin Adair ¥o., 1962, ppll9-22;
NOLA quarterly, Summer, 1987, page 17.
Utahs
(72) Lees McDude, 177-178; RhAL WEST, Jan., 1980, p 18;
ARIZONA REPUBLIC, Phoenix, AZ Oct. 4, 1987.
73) Kendall: X®XBXKHAMKK "A Discourse on Virginia (1608)," by
Rdward Maria Wingfield, ‘asaNSACTIONS AND COLLECTIONS OF THE
AMERICAN ANTI .UARIAN SOCIETY, Boston, 1866, p 77
on pa innocents Executed,
49) Mary Cole, hanvsed Newton, June 26, 1812, See the
Special report on New Jersey innocents,
4q) James P, Donnelly, hanged at Freehold, January 8, 1858,
See the special report on New Jersey innocents, Appeal ci-
tation:;:26 NEW JERSEY LAW REPORTS 463,
4) Harold Lamble (aka George Brandon), electrocuted August
25, 1921. See special report on New Jersey innocents, Appeal
Citation; 114 Atlantic 346,
49) Bruno K, Hauptmann, electrocuted on April 3, 1936. This
case is not carried in the Special report on New Jersey inno-
cents for reasons there explained, It is being carried here
With the cite of the fedau- Hadelet study.
NEW YORK.
46); Jonn ury, hanged New York, NY, on August 29,.1741, Father
Ury, a Catholic Priest, was convicted of being a conspirator
in the abortive slave rebellion of 1741. As he only arrived
in the city for the first time after the plot had been un-
covered and many of the particpants executed, he was obviously
innocent. It is generally believed that he was executed
more for being a KXXKBK Catholic Priest than for anything else,
59) Jesse Wood, hanged at Poughkeepsie on Dec. 5, 1806, Wood
and his two sons, Joseph and Hezekiah, got into a drunken brawl
during which Joseph was shot and killed, Hezekiah said that
so drunk tha t he did not remember what had happened, He was,
accordingly convicted and hanged on Hezekiah's testimony.
gallows,
&. 58)
5ky rank Cirofici, electrocuted on April 13, 1914, and Charles
Becker, electrocuted on July 30 , 1915, Becker, a police lieu-
tenant, allegedly ordered the murder of a gambler, Herman
Rosenthal, and Cirofici along with Harry Horowitz, Louis
Nosenberg and Jacob Seidenshiner were awarded the contract
by middle-men who ultimately testified against all of them
in exchange for immunity. The case acquired great notoriety
and indirectly led to the election of the prosecuting attorney
@S Governor of New York, The four gunme were
executed KAXKKK without much fanfare, but Becker's conviction
was hard fought and finally, as governor, the prosecuting
attorney, made the decision on clemency which, of course, was
denied, Appeal citation: 104 Northeastern 396; 109 Northeastern
128, 1086,
) Thomas Bambrick, electrocuted October 7, 1916, Bambrick
was convicted of the murder of Policeman George Dapping at a
picnic in Manhattan. He claimed innocence and said that thoggh
he knew the murderer, he would not "squeal" on him, The
Sing Sing Warden, Thomas Mott Osborne, and the prison Chaplain
became convinced of hig innocence but the Governor refused to
interfere unless he nemed the killer. Appeal Citations: 113
Northeastern 1076,
5 & 5). Stephen Grzechowlak (aka "Big Bob") and Max Rybarezyk
(aka "Max the Goose"), electrocuted at Sing Sing on duly 17,
13= Innocents Executed,
His return to Chester was delayed by a flooded bridge and he
arrived there a few minutes after his sister had been hanged.
Rhode Island::
64) John Gordon, hanged at Providence on February 13, 1845,
Gordon was convicted of waylaying, robbing and murdering a
wealthy businessman, Amasa Sprague. He maintained his inno-
cence throughout and after his execution feeling among the
public that he was innocent became so pronounced that Rhode
Island became the first stute to abolish the death penalty.
South Carolina:
65) David Gs Sims, dr., Aahaed Newberry an 1831. Four slaves
were convicted and executed for the murder of their master,
Sims' father. He was subsequently, on the basis of their
statements, tried as an accecésory before the fact, convicted
and sentenced to die. According to the law of the time, he
was not allowed to give testimony in his own behalf and two
men who became eminent judges, one a counsel for the defense
and the other one of the prosecutors, later expressed the
pelief that. he was innocent as did the sheriff who executed
him, Appéal citation 2 Bailey's Luw Reports (SC) 29,
Tennessee;
66) Milton Reilly, hanged at Jackson on June 9, 1839. Reilly
confessed to a murder while he was drunk. When he became
sober, he retracted his confession and maintained his innocence,
N6netheless, he was tried, convicted and executed, Years later
aman in Obion County made a death-bed confession that he .-
had killed W illiam Willis (the man for whose murder Reilly
was hanged, )
67) Henry Lawson, hanged at Chattanooga on September 2, 1881,
Lawson, a black man, was convicted of the rape of Miss "Nancy
Donaldson, white, on July 4, 1881. Evidence subsequently dis-
covered proved his innocence,
68) Ben Brown, hanged at Nashville on April 15, 1887. Brown
was convicted of murder and sentenced to be hanged largely on
the testimony of his brother, Bill Brown, who was allowed to
turn state’ s evidence and received a life sentence, Bill
subsequently confessed, after the hanging, that he was guilty
and that Ben had no part in the crime,
69) Maurice Mays, electrocuted on March 15, 1922, Mays, a
black man, was onvicted of the murder of a white woman, “rs,
Bertie Lindsey, on the testimony of a policeman with whom he
had been enemies for years, and a witness who did not get a
good look at him, His first conviction was reversed on appeal
and he was trieg@, convicted and sentenced to death again,
A. few years later, the real murderer who was a woman, con-
fessed and said that she had disguiséd herself as a black
man and committed the crime. Appeal citations: 226 Southwestern
233 and 238 Southwestern 1096,
(
-l2= Innocents Executed,
59) Charles Sberna, electrocuted at Sing Sing on dan. 5, 1939.
Sberna was convicted and sentenced to die with Salvadore Gatti
for the murder of Policeman John H. Wilson during the course of
a New York robbery on september 23, 1937. Gatti, the admitted
triggerman, swore that Sberna, who had previously served prison
time for rape and sodomy, was not his accomplice in the robbery.
Prior to the execution, the prison chaplain said that, for the
‘first time in his career he was convinced that an inno cent man
was being executed and Isadore Zimmerman, also wrongfully con-
victed of a murder but not executed kecause his sentence was
commuted said that both men had told him that Sberna was inno-
cent. Gatti stated that Homicide Detective Joseph Rosenblum
had told him that he knew that Sberna wes innocent and would
intervene for him if Gatti would name his actual accomplice,
Angee citation: 18 Northeastern 55.
North Carolina:
60) Peter Johnson, hanged at greensboro, NC. in June, 1856.
Johnson. was convicted of murdering a man named Diamond ‘during
a drunken argument at Johnson's house. The main evidence
given: egainst him was by a man who claimed to have seen the
argument and the murder weapon in Johnson's hadds. Johnson
Claimed that he was too drunk to remember what had happened,
The general reputation, before and after tne crime,of the
witness was such as generate suspicion in the minds of most
people that he was the guilty party. The conviction was
affirmed in a split decision. Appeal citation 48 North
Carolina 266,
“Onto”
61) John: Griffin, hanged in Butler’ County, Ohio, on duly 20,
1869. Griffin was convicted of the murder of Uzile Prickett,
. @ wrestler, who had won a large sum of money earler in the
,day. The ohly witness to testify agains him had a disreputable
Character, Local authorities believed in his innocence and that
he had been framed,
62) Charles Sterling, hanged Youngstown, O hio, on March 6, 1877,
Sterling, a Canadian tramp, was convicted of the 1876 rape-
murder of Lizzie Grumbacher. In 1905 a.North Dakota farm
laborer, Charles Herzig, committed suicide and left a note which
read; "Dear Mr. Byer (his employer):: In the early XXX '70s,
Charles Sterling, supposedtramp was tried for the murder of
Teresa Grumbacher, a beautiful woman residing near Youngstown,
Mahoning Co.,. Ohio. He was convicted on circumstd4al evidence
and was hanged for the crime in the County Jail at Youngstown,
Charles Sterling was an innocent man. Lam guilty of the murder
.of that young girl. /s/ Charles HEE Ft Ee
: Pennsylvania.
63) Elizabeth Wilson, hanged at Chester on January 3, 1786.
Miss Wilson, a waitress, bore illegitmate twin sons who had
been fathered by a man named Joseph Deshong. The two children
were found murdered and she was tried, convicted and sentenced
to die, after the trial, she told her brother that Deshong had
killed the two children and threatened to kill her if she ever
told, William Wilson rode to ?Pihiladelphia but was unable to
locate Governor Benjamin Frankiin, He finally found Charles
Biddle, Vice President of the Council, who signed a re et ae
-1f- Innocents Executed,
1930, They were convicted with Alexander Bogdanoff (aka "Little
Alex", aka "The Terror") of the payroll robbery-murder of
Ferdinand Fechter in Buffalo on July 27, 1929. There is no
doubt that all were members of a gang that committed a number
of robberies in the Buffalo area, but both Grezechowiak and
Rybarcezyk. swore that they were innocent and Bogdanoff also said
that they were not present when Fechter was robbed and killed,
Freely admitting his own guilt, Bogdanoff said that he had been
assisted by two Chicago gangsters who he refused to identify.
Grezechowlak and RKybarczyk were executed first and after he
was seated in the chair, Bogdanoff said: "As I stand here
before this funny looking piece of furniture, I.raise my hand
and swear to God Almighty that these two men you have just
executed were innocent." Appéal citation: 171 Northeastern
890, KESHAXXXKKKEXKXXRXXKXS SRKRKKA SXK KXAN KK SHXUXKK
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54) Everett Appelgate, electrocuted at Sing Sing, July 16, 1936.
Appelgate, his wife and teen-aged daughter shared a two bedroom
cottage at Baldwin, Long Island, with Mrs, Frances q. Creighton,
her husband, their son and 14-year-old daughter. Appelgate
had a brief affair with Mrs, Creighton, who had previously
been tried and acquitted of poisoning two felatives with
arsenic, but he soon transferred his affections to her daughter.
During the month of September, 1935, Mrs. Creighton administered
arsenic to Mrs, Appelgate and the latter died in great agony on
the morning of September 27. W hen the autopsy revealed the
presence of arsenic, Mrs. Creighton was questioned and con-
fessed, naming Appelgate as her accomplice, This he denied
but his case was not helped when the sordid story of his re-
lationship with the Creighton girl was brought out at his trial
and both were convicted and sentenced to die. Governor Lehman
had doubts as to his guilt and asked the prosecutor to support
a plea for clemency but he refused to do so, There was no
evidence against Appelgate other than the confession of Mrs,
Creighton who, after her conviction, admitted that she had
committed at least one of the murders for which she had been
acquitted, sAppeal citation: 2 Northeastern (2nd) 650,
5S) ceorse Ghew Wing, electrocuted at Sing Sing, June 10 , 1937.
Wing was convicted of the robbery-murder of Fan Tan, a Chinese
banker, He claimed that another Chinese who was sentenced to
prison for the same crime after turning state's evidence had
framed him because of an old grudge and the testimony of eye-
witnesses who had identified him had been purchased, His story
convinced Warden Lewis Lawes of his innocence, Appeal citation:
8 Northeastern (2nd) 611,
tt Me Innocents Executed.
* Texas:
70) Chipita Rodriguez, hanged at san Patricio on Nov. 13, 1863.
Mrs, Rodriguez, a Mexican widow, and her so Silvera, ran a small
inn. <A horse trader, John Savage, spent a night there and
shortly afterwards his body was found floating in a river, The
Rodriguezs were charged with the murder but both protested their
innocence, Prior to the trial, the motive, which the state
claimed was robbery, was disproved waen Savage’ s saddle bags,
containing $600 was found. At the trial, both the mother and
the son said nothering, each believing the other to be guilty.
While she was sentenced to hang, in spite of a jury's recommendation
for mercy, Silvera received a 5-year-sentence, A few years
later the real murderer made a death-bed onfession in which he
statedthat he had killed Savage for a personal grudge.
71) Nelson (Cooney) Mitchell, hanged Granbury, Texas, 10-9-1875,.
Mitchell, 80-years-old, was convicted of the murder of two
brothers named Truitt ina Texas land feud. His last request
from the gallows was that his son, Bill, who had actually killed
the brothers and who had fled from justice to leave his father
behind to pay for his crime, kill a remaining brother who had
testified against him, This Bill Mitchell proceeded to do ten
years later, Bill subseyuently served a prison sentence for
Phe eerenes Appeal citation:43 Texas 512,
a
72) Zohn. D. Lee, shot Salt lake City, March 23, 1877. Lee, a
Morman Bishap, was tried twice before being executed for the
so-called "Mountain Meadows Massacree" in which 130 western
bound travellers were murdered, It is generall conceded today
that Lee was the scapegoat for others who were actually involved
in the massacre,
‘Virginia:
74) George Kendall, shot at Jamestown, Va., in 1608, Kendall,,
the first confirmed execution in what is now the United States,
was one of the original Coucillors for the Golony of Virginia,
He was unpopular with his fellow members of the governing body
and when. one James Read, an "artisan", was convicted of having
blasphemed the Council's P resident, he was offered his freedom
4f me would testify that Kendall was a spy for the Spanish and
serve as his executioner. He so swore from the gallows and
Kendally was then tried, convicted and shot, with Read serving
as his executioner.
73) Joe Hill (Hillstrom), shot Utah November 19, 1915.
Hill, a union organizer, was accused, tried, convicted and execu-
ted for being one of two masked men who had robbed a Salt Lake
City grocery store on dan, 10, 1914, Sentiment was strong
against union organizers and sympathizers and it was largely
Hill& ‘s connection with the KKX labor movement and his acknow-
ledged political radicalism that brought about his conviction,
Even President Woodrow Wilson made several appeals to the Utah
authorities in his behalf. Appeal citation: 150 Pacific 935.
— Fu | Bibliography: Innocents executed,
40) Shumway: .STAR, Lincoln, NE, 1-16-1908 and 3-5-1909; "Efforts
to Abolish the Death Penalty in Lllinois," by James J, Barbour:
JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY, Volume 9, page 508;
Bedau and Radelet, Page 161.
New Hampshire: .
41) Blay: GUARDIAN, Manchester, NH, Jan. 6, 1877; CITIZEN,
Laconia, NH, Dec. 20, 1961.
42) Buzzell: NATIONAL POLICE GAZETTE, Mar. 8, 1879 (6-1); July
19, 1879 (2-3); and Nov. 1, 1879 (11-4); THE GRANITE MONTHLY,
Oct., 1897.
New sey:
CY & well and McCoy: HISTO RY OF SUSSEX AND WARREN. COUNTIES, by
James P, Snell; Philadelphia: Everts and Peck, 1881, Page 199
44) Pickering:: HISTORY OF CUMBERLAND COUNTY, by Thomas Chshing
dnd Charles E. Sheppard; Philadelphia; Everts & Peck, 1893, p 531.
46) Coles: Snell, p 200; HISTORICAL COLLiCTIONS OF THE STA TE OF
NEW JERSEY, by John Barber and Henry Howe; Neward: Benjamin
Olds, 1844, p 473; McDade pp 61-62
47) Donnelly: DaILY REGISTER, Mobile, AL, 9619-1858; PRESS,
Asbury Park, NJ 1-10-1971; McDade, pp 79-80
48) Lamble (Brandon): NEW JERSEY PUBLIC HEARINGS ON A SSEMBLY'
BILLS 33 & 34, Second Day, p 29 A (Testimony of G. J. Deardorf, Jr.);
TIMES, New York, Aug. 26, 1921; TIMES-P1IC,YUNE, New Orleans, Li,
4-3 O-1929; Bedau & adelet, po 124-125.
49 i.Hauptman: Bedau & mnadelet, 124-125.
‘New York::
50) Ury: A RUMOR OF REVOLT, by T. J. Davis; New York: fhe Free
Press, 198 5.
51) Woods McDade, 330-31; Teeters & Hedblom, pp 233-234.
52 & 53) Becker & Cirofici::AGAI NST THE EVIDENCE, by Andy Logan;
New York: McCall Publishing Co., 1970; Bedau & Radelet, pp 95-86.
54) Bambrick: TIMES, New York, NY, 10 ~7-1916 (1-3); Bedau &
Radelet, p 93.
55)& 56) Grzechowiak & Rybarczyk: COURIER-EXPRESS, Buffalo, NY,
July 16, 17 & 18, 1930; Bedau & Radelet, p lel.
57) Appelgate:: THEY DIED IN THE CHAIR, by \Wenzell Brown; New
York: Popular Library, 1958, pp 90-116; TRUE PQLICE CASES, Dec.,
1980, p 2; MURDER ONE, by Dorothy Kilgallen; New York: Random
House, 1967, pp 189-230; Bedau & nadelet, p 9e.
58) Wing:. MEET THR MURDERER, by Lewis Lawes; New York: Harper
Brothers, 1940, pp 223-226; Bedau & Radelet, p 170.
' Federals .
¥8 ,Phillips:."The Innocent Were Hanged, Too," by Qlivia E
Bibliography - Innocents Executed,
Alabama:
my
1) Gamarra::GAZETTE AND COMMERCIAL ADVERTISER, Mobile, May
24, 1820,
2) Prince: HISTORY OF PIKE COUNT Y, by Margaret Pace Farmer,
1952; ALABAMA JOURNAL, June 11, 1831 (3-2)
3) Boyington: HANG BY THE NECK, by Negley K, Teeters and
Jack H. Hedblom; Springfield, Ill: Charles C, Thomas, 1967,
‘pp 313-317; EN WUIRER, Richmond, Va., Sept. 14, 1847.
4 & 5) Ledlow and Weisinger: NEWS, Galveston, TX, February
14, 1882 (4:4) and April 14, 1882 (1:5);. POST, Pittsburgh,
Pa.:: April 1, 1882.
6, 7 & 8) Hughes, A & G., and Smith: THE STORY OF SCOTTSBORO,
ALA., by W. Jerry Gist; Nashville: Rich Printing Co., 1968,
pp 177-184; COURIER-JOURNAL, Louisville, Ky., July 9, 1887.
9) Wooten:: FORGOTTEN TRAILS, by Fred S, Watson; Birmingham:
Bammer Press, 1968, pp 21-23; DAILY NEWS, Birmingham, November
Zo 9 1893.
10) Garner:: NEWS, Birmingham, Ala., Dec. 29, 1905 and Feb.
12, 1906.
11) Sanders: REGISTER, Mobile, Ala., Aug. 3, 1917 (1) arid
duly 21, 1917 (i<d).
12) Collins: EAGLE, Dothan, Ala., June 12, 1937; "“Miscarriages
of Justice in Potentially Capital Cases," by Hugo Adam Bedau
and Michael L. Radelet; STANFORD LAW REVILW, November, 1987,
pp 106-107.
Arizona
13) Aviles; Létter dated December 10, 1981, from Susan H,
Abbey, Sharlott Hall Historical Society, Prescott, Arizona;
PRESCOTT'S YESTERDAY, by Melissa Ruffner Weiner, page 18.
Arkansas;
14) Hudspeth (Hedgepeth):: COURIER-JOURNAL, Louisville,, Ky.,
Dec. 31, 1892; NEWS, Galveston, TX, July 3, 1893 (1:6); TRUE
WEST, Oct., 1983,. page 52.
Florida/ Andersons:
15)/Bedau and Radelet, pages 91-92
Dawson
16)/Bedau and Radelet, KX p 109
Adams
17)/Bedau and Radelet , p 91
Meyers; TRUE WEST, October, 1966, page 22,
Illinois::
19) Ha Liwagons: POST, Pittsburgh, Pa., March 25, 1882; Speech
of a legislator who witnessed the execution in f
to abolish the death penalty. ae eet
ce i Bibliography:: Innocents Executed,
Kentuckys:
20) Hamilton: .DAILY. NATIONAL INTELLIGENCER, Washington, D. G.,
August ZAX 25, 1823 (2:4). ‘
21) McLaughlin::Court Records; Letter dated Mar, e2, 1977, from
eis ted M. Royse, Route One, Box 263, Flemingsburg, Kentucky,
410 41, .
22) 8 Sheely: CHRONICLES OF CYNTHIANA AND OTHER CHRONICLES, by
Mrs, L. Boyd; Cincinnati: Robert Clarke & Co., 1894, pp 122-2 3,
23 & 24) King and Owens:: NATIONAL PO LICE GAZETTE,. Feb. 9,
1867 (4) and July 6, 1867 (4); HISTORY OF KENTUCKY, by Lewis and
Richard H. Collins: Covington: Collins & Co.; Vol. I, p 246
25) Buckhannan: Wolfe County News, May 20, 1983 (@:1:1).
Maines:
26) Bedau and Radelet, p 76; EVENING JOURNAL, Lewiston, Me.,
April 17, 18 85.
Maryland: : |
27 & 28) Two blacks: NATIONAL POLICE GAZETTE, May 28, 1881 (3:3)
Massachusetts: | |
29 & 30) Daley and Halligan:: ANNALS OF MURDER, by Thomas McDade:
Norman, OK: University of Oklahoma Press, p 733; SUNDAY GLOBE,
Boston, MA, June 13, 1982; GLOBE, Boston, March 19, 1984.
31) O'Neil: McDade, pp 216-217; DAILY NEWS, Galveston, IX,
Jan. 8, 1898 (2:3); POST, Boston, MA, June 26, 1950.
32) Tucker::MASTERPIECES OF MURDER, by Edmund Pearson; New
York; Bonanza Books, 1963, pp 157-179; Bedau & Hadelet, p 164.
33 & 34) Sacco & Vanzettis::THE UNTRIED CASE, by Herbert B.
Ehrmann; New York: Vanguard, 1933; Bedau & Radelet, pp 157-158.
Mississippi:
35) Hicks:: COURIER, Natchez, Miss., Dec. 31, 1850.
36) McGee:: PLAIN DEALER, Gleveland, OH, Dec. 7, 1945; SOUTH
OF FREEDOM, by Carl Rowan;: New York:: Knopf, 1952, pp 174-192;
AGAINST OUR WILL, by Susan Brownmiller; New York:: Simon
& Schuster, pp 239-245; Bedau & Radelet, pp 145-146.
37) Pulliam: DAILY NEWS, Jackson, Ms, May 25, 1950; POST,
Bicksburg, Ms, 1-30-1977.
KEAKKXEKXEX Montana: |
38) Anderson (aka 2Fields):. ENTERPRISE, Livingston, Mont.,
July 14, 1894 (1) and July 21, 1894; letter dated April el,
1977, from Ms. Naomi Fleming, 304 W. La Bonte St., Box 645,
Dillon, CO 80435, niece of the victim,
Nebraska: MXKX
39) Marion: NEWS, Galveston, TX, March 24, 1887 (2:2);
finnamed Nebraska paper, 8-3-1891 (1-1)
Memo from...
WATT ESPY
CAPITAL PUNISHMENT RESEARCH PROJECT
P.O. Drawer 277, Headland, Alabama 36345
Phone: (205) 693-5225
innocents kLxecuted,
Phas 9
75). sam ayers and Jumes ao. Bowden
were tried for tne murder of Mrs. Mary
4&. nester in Cleburne County on Feb.
nh pels WyYErS Woes convicted and
nee ed at Cleburne on march 19,
188 0. It was luter determined that
aed
2
wyers was innocent when Bowden made
& es wat bed confession cleuring his
JIL
8 on re ae a oe oe Ly ay -
admitting tout he had killed
a
er duted June <9, 1982, from Mildred
fis arator. laylund Museum, 201 N,
GGQ otreet, Cleburne, IX 76031
sisi Bibliography - Innocents Executed,
59) Sberna: Lawes, pp 337-39; COURTROOM, by «wuentin Reynolds, 1959,
pp 334-342; THE GlUanDIANS, by Joseph M. Sauter & Sheldon Abend;
New York: Zebra Books, 1979, pp 77-79; Beduu & nadelet, 158-159.
60) Johnson: Court records; Correspondence with Hugh Jack
Jofnson, Box 692, Reidsvill, NC 27320 who provided statements
of offenders contemporaries,
Ohio;
61) Griffin: HISTORY OF BUTLER COUNTY by Anthony Wayne,
62) Sterling: VINDICATOR,, Youngstown, OH 3-6-1877; BEE, Sacramento,
CA, 10-11-1905,
P ennsylvania;
63) Wilson;:Teeters & Hedblom, pp 123-125; DAILY NATIONAL INTELLI-
| GENCER, Washington, D. C., 10 -13-1821 (3/3)
Rhod Island;
64) Gordon: Teeters & Hedblom, p 442; McDade, pp 109-110;
Letter dated 8-1--1975 frém Julius w, Michaelson, Attorney General
of Rhode Island,
South Carolinas.
65) Sims; REMINISCLNCLS OF NEWBERRY, by John B. Carwile;
Charleston SC; Walker, Edwards & Cogswell Co., 1890, pp < 60-263,
Tennessee;
66) Reilly: HISTORIC MADISON, by Emma Inman Williams, Jackson, TN,
Madison County Historical Society, 1946, page 244,
67) LAWSON: HISTORY OF TEENESSEE WITH A SKETCH OF HAMILTON
COUNTY; Goodspeed Publishing Co., page 836,
68) Browns :COURILR-JOURNAL, Louisville, KY, April 16, 1887.
69) Ma¥s:: SENTINEL, Knoxville, TN, Mar. 15, 1922; "A @ase of
Prejudice," by John Egerton, SOUTHERN EXPOSURES, duly, 1983, page 56.
Texas;
70) Rodriguez: OLD WEST, Winter, 1963, page 32,
71) Mitchell: XXAKEXXBKAXEKKAKRXEXKEK I' LL DIE BEFORE I. RUN,
by ©. L. sonnichson; New York: Devin Adair ¥o., 1962, ppll9-22;
NOLA quarterly, Summer, 1987, page 17.
Utahs .
(72) Lees McDade, 177-178; RbaL WEST, Jan., 1980, p 18;
ARIZONA REPUBLIC, Phoenix, AZ Oct. 4, 1987.
7#) Kendall: XSXBXXKAKXX "A Discourse on Virginia (1608)," by
Edward Maria Wingfield, ‘#asaNSACTIONS AND COLLECTIONS OF THE
AMARICAN ANTI ,UARIAN SOCIETY, Boston, 1866, p 77
3 4, CZ } 5. Foner; New York:
73)Hill: THE CaSE OF JOH HILL, by Philip 54, ;
‘International Publishers, 1964; Bedau & Radelet, 125-126.
~2= Innocents executed, |
4 & 5) Bill Ledlow and Al Weisinger, blacks, hanged at Selma,
Ala., on March 31, 1882, They were convicted of the murder
of Jesse B, Weisinger, an elderly white»merchant who had been
robbed and killed in his store on December 19, 1881. A young
boy, Porter Ivy, was sentenced to the penitentiary for life
for complicity in the murder, On April 14, Henry Ivey and Jim
Acoff were arrested for another crime and Ivey confessed that
they had killed the old man and that Ledlow and Weisinger were
innocent, That night they were taken from the jail and lynched
from the same gallows from which Ledlow and. Weisinger had been
hanged,
6, 7 & 8) Asbury and George Hughes and George Smith were
hanged at Scottsboro, Alabama, on August 1, 1884, All three
bore bad reputations, and Smith was wanted on murder charges
in both Georgia and Tennessee. They were arrested and charged
with the robbery and arson of the home of Henry Porter on the
night of March 25, 1883. All were convicted along with John
Grayson, stepfather of the Hughes brothers who was sentenced
to life imprisonment. In 1887, Adam Freeman was convicted
of forging an order for a pair of shoes and sent to prison
in-Tefinessee where he died shortly afterwards, Prior to his
death, he confessed that he had committed the crime and that
the three men executed were all innocent as they had claiméd
throughout their trial and at the time of their execution.
Appeal citation:75 Alabama 31,
9) Mitchell w ooten, hanged at Ozark on November 21, 1893,
Wooten was an immediate suspect when his employers, Mr, and
Mrs, Angus McSween, were robbed and murdered on the night
of September 10, 1893, After several days of questioning
and while still maintaining his innocence, he said that he
had reason to believe that two other blacks, Mike McCrea and
Jim Summers, were guilty.* All three were Charged with the
murders, but, as McCrea and Summers had fled, Wooten was :
tried alone, convicted and sentenced to be hanged. Perhaps
because of fear that he might. be lynched, :-he refused.:to have
his case appealed and died still protesting his innocence,
Later, when McCrea and Summers were captured, they both
confessed and stated that Wooten had, indeed, been innocent,
10) Vance Garner, hanged at Gadsden on December 29, 1905,
Garner,, Jack Hunter and Will Johnson, blacks, were convicted
of the rape-murder of a white woman, Mrs, Jane Smith,
| RASKARAKBRXSXRRMAENAR Garner maintained his innocence and
after his conviction, Bunk Richardson, who had testified
in his behalf, was arrested on a charge of perjury. Johnson's
sentence was commuted to life imprisonment, On the gallows,
Hunter confessed and. said:."No man committed the crime except
me. Vance came up where I.was, but left." Three days laterr,.
a mob infuriated by dohnson' s commutation, broke into the
jail, took Richardson from the officers, and lynched him,
11) Albert Sanders, hanged at Mobile on July 19, 1918,
Sanders was arrested for the murder of Julia Mae Hess, a
white woman, after another black, Fisher Brooks, already:
charged with the crime had implicated him, XXXKXXXX#XXX They
were granted a severance, and at his trial Brooks testified
widen : - Innocents executed,
17) James Adams, electrocutéd on May 10, 1894, Adams, black,
was convicted of the Nov. le, 1973, robbery murder of kdgar
Brown, an elderly white man, Adams maintained his innocence,
claiming that his car which was seen at the home of the victin,
had been lent to his girl friend on the day of the crime, A
witness who claimed that he saw Adams leaving the scene was
later found to bear him a grudge because Addms had been dating
his wife, Another witness claimed that he had heard a woman's
voice in the house and that Adams was not the man he had seen
fleeing. A hair found clutched in the victim' s hand was
found not to have come from Adams' head, Most of the exculpatory
evidence was not discovered until a month before the execution,
Governor Bob Graham refused to stay the exeout Lon in order that
the questions could be sa tisfactorily resolved. Appeal citation;
341 Souther (2nd) 765.
FEDERAL
18), William L. Phillips, hanged at Fort Smith, Ark., on April
17, 1885. H&XX P hillips, a native of Arkansas, moved to the
Cherokee Nation, Indian Territory, and married the daughter
of a cantakerous and tyrannical farmer, William Hill, Phillips
was convicted of the murder and died protesting his innocence,
Shortly afterwards, his brother-in-lawH@4XHXXX, Bob Hill,
publicly confessed that he had killed his father because the
old man had publicly horsewhipped him. The younger Hill then
committed suicide,
ILLINOIS.
19) William Hailwagon, hanged at Rock Island on March 24, 1882,
Hailwagon was convicted of the murder of his daughter-in-law,
and died protesting his innocence,intimating that his son had
killed his own wife and had fastened the crime upon him, Ten
years later Otto Hailwagon, the son, wrote a confession: in
thé lodging house where he lived and committed suicide by
leaping from a bridge, |
KENTUCKY.
20) John C, Hamilton, hanged Barren County, May 7, 1818,
Hamilton, returning to his Kentucky home from a visit to Missi-
Ssippi, met Dr. dohn Samuelson. on the trail. Samuelson was
eH ag and Hamilton. took him to his father's home where he stayed
until he had recovered his health. After he left, he was
murdered and robbed, Hamilton's pistol, which he claimed had
been stolen, was found near the body and even. though he had
a spotless character and was from a prominent family, he was:
Cha rged with the murder, He died protesting his innocence
and in 1823 this was substantiated by the confession of a man
who was hanged in Mobile, A labama, and admitted Samuelson's
murder on the gallows,
21) Daniel McLa ughlin,hanged at Flemingsburg on December
11, 1829. He was charged with wW illiam and John, slaves of
John Cochran, and Samuel, slave of James Lewis, with having
killed John Summerville, Sr., in September, 1829, McLaughlin
was tried first and sentenced to die. John was spared the
death sentence and the owners of William and Samuel produced
pardons for them as they stood on the gallows, local tfadition
and actual court records indicate that McLaughlin was innocent
~3— Innocents executed,
that he had lied when he implicated Brooks, In spite of the
defection of their star witness, the prosecution obtained a
conviction and KBKAMKNXAXXAXBKAXBSRXKAXNARXAHHARBWARSX Sanders
died protesting his innocence. Brooks had been hanged in
August, 1917, and from the gallows he had again sought to
clear Sanders, stating that he had implicated him only becaus e
he thought that it would make it easier for him. Appeal cita-
tion: (Sanders) 79 Southern 375. ©
CRY XKARNKRKAKKXEAKX XK |
12) Roosevelt Collins, electrocuted on June 11, 1937. Collins,
black, was convicted of the rape of a Calhoun County farm
wife, At his trial he testified that the woman had consented
and a near riot erupted with XKSXKXK her husband pulling a
pistol and firing at Collins. Some of the jurors later said
that they considered Collins innocent but thought that he
deserved to die because of inv@lvement with a white woman,
The judge supposedly said, off the record, that he believed
that Collins had told the truth. Appeal citations. 174
Southern. 296.
t;
ARIZONA
13) Manuel Aviles was hanged at Prescott, Arizona, in 1875,
Aviles was convicted of the murder of another Mexican in the
Verde Valley, Yavapai County. Many years later, the victim's
neighbor made a death-bed confession that he had killed him
in a dispute over water rights,
ARKANSAS.
14) Charles Andrew Hudspeth (Hedgepeth), hanged at Harrison.
on December 30, 1892, See page 1, number 2 on persons con-
victed whose victims subsequently were found to be alive,
FLORI DA
Ly) Sie Dawson, electrocuted on May 12, 1964, Dawson was
_convicted of the murder of the 2-year-old son of his employer.
The boy's mother was also killed but he was tried only for
the murder of the child, The jury was largely influenced by
his confession, j AWAKE XBR AAS EAARKKRAM made after the black
man who had an Iq of 64 had been in custody for over a week
Without benefit of counsel,. was accepted by the jury even
though he had repudiated it. His conviction was affirmed by
a 4—~3 vote by the Florida Supreme Court and years later some
newspaper stories again caused speculation as to his innocence,
Appeal citation: 139 Southern. (iénd) 408,
[sm eng deserter, Anderson, electrocuted on duly 20, 1945,
7
“@--
An Army deserter, Anderson was working as a taxi driver in
Fort Lauderdale when he was arrested for the rape of a white
woman, There was no appeal and he was executed five months
sfter his arrest, Ina clemency bid, his sister and a co-
worker said that he had been having an affair with the: victim
for some time. His attorney also wrote to the Governor stating
that it was the view of many people, both white and black
hat they had been intimate, °
-5= Innocents executed,
and that the stone which killed Summerville was thrown. by
Samuel, | ie
IX3 ‘w, , %
22) David Sheely, hangéd at Cynthiana on November 19,. 1847,
On the night of June 13, 1847, Sheely and some friends, went
fishing and took a large Quantity of whisky with theml He
insisted. that they go to his home with him ana have breakfast,
When they arrived in the early hours of the morning, all
drunk, Mrs. Sheely refused to prepare a meal until sunup:
Sheely went to bed with. her and the others fell asleep on the
floor, The next morning, when he awoke, he found her body,
strangled to death, by his Side, KXMXAHAXXKX went into a panic
and fled, He was captured and, at his trial, said that he-
could not remember having killed her. Many persons believed
that he was innocent and plotted to aid him in an escape, but.
the plan was discovered and averted, On the gallows, he again
Stated that if he had'killed his wife, he did not remember it.
' Many years later, one of Sheely."'s companions who had a bad
reputation, stated on his death bed that he had killed Mrs,
Sheely and that her husband was Completely KX. innocent,
23 and 24) William Ps King and Abram Owens, hanged at Franklin
on: June 28, 1867. King and Owens both served in the Union
Army during the Civil War with King attaining the rank of Cap-
tain, After the war, they formed a band of marauders which
raided and robbed a Louisville anda Nashville train in November,
1866. The railroad offered a #l0,000 reward for the bandits
and King's younger brother, Harvey, tempted by the offer, ad-
mitted his part and named others in the gang. Before they
could be arrested, Harvey King was shot and killed, King and |
.Qwens were convicted of the murder and protested their innocence
until their death, In December, 1873, a man named Evans was
lynched in Kansas and, before his death, confesséd that he
@lone had murdered Harvey King.
25); James Buckhannan, hanged at Ca mpton on June Ls 1888,
Buckhannan and James O'Hair were in love with the same young
girl. One evening Buckhannan and some friends had been
drinking and he decided to pay a call on the young lady.
On his way to her house, he passed 6ut from over indulgence
and when. her father was found shot to death the next morning,
he was arrested and charged with the Crime. A lynching was
narrowly averted before he could be tried and convicted, On
the gallows, he stated that he had passed out and had no
recollection. of having killed the man but admitted that he
had been. in the picinity. After the execution, O'Hair and
the girl married and moved to the West. Several years later,
O' Hair became ill and, before his death, said that he had
killed his wife's father, He substantiated his confession: by
telling where he had hidden the weapon after the murder, and
residents went to that location and found it buried,
ee ee ee
~6= | | Innocents Executed,
MAINE
26) Carmine Santore was hanged at the Maine State Prison on
April 17, 1885. sSantore and Rafaelle Capone, both Italians
who could speak no English and consequently had to use inter-
preters throughout all of their proceedings, were charged
with the robbery-murder of Pasquale Coscia who worked on the
railroads with them, Each made statements incriminating the
other, It was believed among members of the Italian community
andxothers that Capone was the actual murderer and that San-
tore had told the truth when he said that he was innocent,
In 1968, Maine's Governor, Edmund S. Muskie, stated that
the state had abolished the death penalty because of the
execution of an innocent man who was undoubtedly Santore,
7 29) MARYLAND
e7f Two black men, hanged Somerset Co., in 1863. In the
latter part of 1862, the murdered body of Azariah Dougherty
was found in his store, Two black men were arrested on sus-
picion and even though it was expected that robbery was the
motive and no money was found on the accused, they were
tried, convicted and hanged on purely circumstantial evidence,
Bighteen years later, as she lay dying of cancer, Mrs, Patsy
A, Ward confesséd that she and her son had killed Dougherty
for his money.
MASSACHUSETTS,
& JO) :
29/ Dominic Daley and James Halligan, hanged at Northampton
on June 5, 1806, On November 10, 1806, the body of Marcus
Lyon, a young traveler, was found in the woods where he had
been shot and beaten to death. Daley and Halligan were
arrested and charged with the murder, That their ethnic
origin played a part in their arrest and conviction is evi-
denced by the remark of their counsel to the jury when he
said: "Do not therefore believe them guilty because .they are
Irishmen," Many years later, the two executed strangers were
absolved of guilt by the death-bed confession of a local man
and they were granted full pardon by Gsvernor Michael Dukakis.
on March 19, 1984,
3$) Jack O' Neil, hanged at Greenfield, Mass., Jan. 7, 1898.
O 'Neil was convicted and executed for the murder of Mattie
McCloud at Buckland. He vigorously denied the charge and
claimed that he was the victim of ethnic bigotry. His last
words were; I shall meet death like a man and I hope those
who s ee me hanged will live to see the day when it is
proved that I am innocent - and it will be some day." aA few
months later, a young Shelburne Falls soldier dying in Cuba
confessed the murder, clearing O'Neil, Eddie Collins, a
reporter covering the Spanish-American War in Cuba arranged
ao a written confession, Appeal citation:: 48 Northeastern
134.
~J~ Innocents Executed,
40) R. Meade Shumway, hanged Nebraska State Prison, dan. 15,
1908. Shumway, a 27-year-old native of Illinois, moved to
Firth, Nebraska in 1907 to work on the farm of his Aunt' s
husband, Yacob Martin. On the afternoon of September 3,
while Mr, Martin was in town, Mrs. Martin was murdered in
their home and Shumway was charged with the crime, He
Maintained his innocence, but was convicted and sentenced to
hang. Prior to the execution, one of the jurors,. John F,
Peters, who had held out against the death penalty because
he had doubts as to Shumway's guilt, committed suicide.
A few years later, . as Jacob Ma rtin lay on his death-bed,,.
he confessed that he had murdered his wife and framed young
Shumway. :
NEW HAMPSHIRE,
41) Ruth Blay , a South Hampton school teacher, was hanged
at Portsmouth on December 30, 1768, for the murder of her
infant child. She vigorously protested her innocence and
the Sheriff, hungry and anxious for his dinner, hanged her
prior to the time spechfied in the death warrant. Immediately
after she was pronounced dead, a messenger arrived with a
reprieve from the Governor, The infuriated residents of
Portsmouth proceeded to hang the lawman in effigy. Ms.
Blay was proved innocent when it was discovered that the child
had been still-born,
42) Joseph P. Buzzell, hanged at Concord on July 10, 1879.
When Buzzell jilted his fiancee, Miss Susan Hanson, and
married another woman, she sued him for breach ofpromise,.
Before the suit came to trial, she was shot and killed through
a Window of her home, Buzzell was charged with the murder
but the prosecution could only present circums tantial
evidence against him and his wife and a young man named Charles
C60k who worked for him provided an alibi. He was acquitted
but four years later Cook was KSMKZKK arrested committing an
act of arson and while awaiting trial he confessed to two
detectives from Boston that he had killed Miss Hanson at
Bazzell's request. Buzzell was then tried for being an
accessowy before the fact, and with Cook testifying against
him for a reduced sentence, he was convicted, Shortly before
the execution, the two detectives became angered when a promised
reward was not paid to them and claiming that they had persuaded
Cook. to confess by promising him immunity from the arson
charges and that theyhad "fed" his confession to him. Cook
Bwigned a statement that they were telling the truth,. but the
Governor declined to interfere with the exec.ition. Appeal
citations; 58 New Hampshi:s+ 257; 59 New H: shire 65,
yt NEW JERSEY.
433, Hakve11 and McCoy, hanged at Newton in 1781. See special
report on New Jersey innocents,
44) Francis Pickering, hanged at Bridgeton, N. J., September
15, 1758. See special report on New Jersey innocents,
mn Innocents Executed.
32) Charles Lewis Tucker, electrocuted on June 12, 1906,
Tucker was convicted of the March 31, 1904, robbery-murder of
Miss Mabel Page, the daughter of a wealthy resident of Weston,
The evidence against him was Wholly circumstantial and over
» 100,000 residents of Massachusetts Signed a petition for the
commutation of his sentence, The county medital examiner
lost his job because of his persistance in seeking justice
for Tucker and a clergyman: stated that a witness had told him
that she had perjured herself at the trial. Appeal citation:
76 Northeastern. 127.
33 & 34) Bicola Sacco and Bartolomeo Vanzetti, electrocuted
on August 22, 1927. Admitted political radicals, Sacco and
Vanzetti were convicted of the April 15, 1920, robbery of
a Braintree factory in which the paymaster and a guard were
killed, This was during the period of the first great "Red
Seare" and their anarchist leanings as well as their ethnic
background.in their trial and conviction. In 1925, Celestine
Medeiros, also under sentence of death, confessed that he
was a member of the so-called Morelli gang and that they
had committed the crime, totally absolving Sacco and Vanzetti,
but relief by either the Judicial or executive branches of
the State was denied them. On July 19, 1977, Governor
Michael Dukakis granted them a full pardon, Appeal citation:
151 Northeastern 839,
MISSISSIPPI.
35) Hicks, hanged Lawrence County in December, 1850. Hicks,
his wife and &:man named KXKHAKX Allen were traveling together
through Lawrence County when Allen was killed. An examination
of his body showed a hole in the back of his head and Hicks was
Charged with Shooting him. Both Mr. and Mrs. Hicks maintained
that he had received the wound when She pushed him away. as he
Was trying to assault him and his head fell against a pisce
of wood protruding from the wagon. On the gallows, Hicks
reiterated his story with such force that, after he had been
hanged, the people decided to exhume the body to confirm their
belief that Allen had been Shot. The autopsy revealed that
he had, indeed, been killed by a piece of wood penetrating
his brain, giving credence to the Story told by Hicks and his
wife.
36) Willie McGee, electrocuted laurel, Miss,, May 8, 1851,
McGee was convicted, by a Jury which deliberated for only
two and one-half minutes, of the rape of Mrs, Willametta
Hawkins, a white woman. The young black veteran of World
War IL confessed only XXX after having been held incommunicado
for 32 days. The execution was delayed by appeals which ree~
Sulted in two new trials before he was finally executed,
A subsequent investigation by journalist Carl Rowan uncovered
the fact that McGee and the victim had, indeed, been having
an affair for over four years and that she had Claimed rape
when he sought to terminate it. Appeal citations: 26
Southern (2nd) 680; 33 Southern (2nd) 843; 40 Southern (2nd)
160; 388 United States 805: 47 Southern (2nd) 155; and 340
United States 921,
-~8- Innocents Executed,
37) John. West Pulliam, electrocuted ut Vicksburg on May 25, 1950,
Pulliam, a 16-year-old black transient, was in Vicksburg onthe
night of May 3, 1949, when. Jessie O. Waymire, a partner in a
gun shop, was beaten and robbed inside the shop. Before he
succumbed to his wounds, Waymire said that his assailant had
been a “white man or yellow negro." On dune 21, Pulliam, who
was "dark chocolate brown" in color was arrested in DeQueen,
Ark., On a vagrancy charge and confessed to officers that
he had broken into a gun-shop in Vicksburg and that the man
Sleeping there had been beaten. He reiterated this confession
to W arren County authorities and then learned that the man
had died, Pulliam then said that he hdd been forced into
the shop by a white man who had actually struck Waymire. As this
was consistent with W aymire's description of his murderer,
there was considerable sympathy for Pulliam from those who
believed that his second version was the correct one, After
he had been strapped into the chair, the attending clergyman
‘asked him if he was telling the truth and the youth replied:
that he was telling the truth and that a white man had committed
the murder, "I don't know his name, but I. would recognize
his features," Appeal citation: 45 Southern (2nd) 578. EGMXX
WAEKERRK XX
KXXXABEXATBRY
MONTANA
38) Robert. Anderson (aka Robert Fields), hanged Livingston,
July 13, 1894, Anderson and his closest friend, 17-year- otd
William Mortimer were arrested and charged with the robbery-
murder of Emanuel Flemming, another young man with whom they
were friendly. Suspicion had focused on them because of their
interest in the case, Fleming lingered for some time after
he was shot and did not identify his murderer even though
Anderson was with him constantly as he lay dying. Mortimer
finally made a confession, turned State's evidence and was
sentenced to life imprisonment while Anderson, who he had
named as the actual murderer and who had a firm alibi was
sentenced to die, Mortimer then retracted his confession and
Said that he alone was guilty. Public opinion was strongly
on Anderson's side and he was granted several reprievs, but
when the conviction was affirmed, Governor John Rickard refused
to interfere further, After the execution, Mortimer broke
down. in his cell and said "Bob was not guilty of murder,
They have hanged an innocent man." He then said that he
had been promised that he would go free if he testified
against Anderson. One of Flemings brothers talked with
Anderson and expressed his belief that he was innocent,
Appeal citati on: 37 Pacific 1
NEBRASKA,
39) Jackson Marion, hanged at Beatrice on March 25, 1887.
see Case one, Part one, in report of living "victims,"
-3— Executions of innocents,
At least, where one is incarcerated for a lengthy prison sentence
or even for life without possibility of parole, freedom can be
granted and an effort made to repair the wrong done, Pardons,
as in the case of Daley and Halligan and that of Sacco and
Vangetti are an effort but one that is hardly sufficient to
correct the inyustice.. aoe
Bibliography - Innocents Executed,
Alabama: ,
1) Gamarra:: GAZETTE AND COMMERCIAL ADVERTISER, Mobile, May
24, 1820,
2) Prince: HISTORY OF PIKE COUNT Y, by Margaret Pace Farmer,
1952; ALABAMA JOURNAL, June 11, 1831 (3-2)
3) Boyington: HANG BY THE NECK, by Negley K, Teeters and
Jack H, Hedblom; Springfield, Ill: Charles C. Thomas, 1967,
pp 313-317; EN wWUIRER, Richmond, Va., Sept. 14, 1847.
4 & 5) Ledlow and Weisinger: NEWS, Galveston, TX, Pebruary
14, 1882 (4:4) and April 14, 1882 (1:5);, POST, Pittsburgh,
Pa.:: April 1, 1882,
6, 7 & 8) Hughes, A & G., and Smith: THE STORY OF SCOTTSBORO,
ALA., by W. Jerry Gist; Nashville: Rich Printing Co., 1968,
pp 177-184; COURIER-JOURNAL, Louisville, Ky., July 9, 1887.
9) Wooten:: FORGOTTEN TRAILS, by Fred S, Watson; Birmingham:
rts Press, 1968, pp 21-23; DAILY NEWS, Birmingham, November
23, 1593.
10) Garner:: NEWS, Birmingham, Ala., Dec. 29, 1905 and Feb,
12, 1906.
11) Sanders: REGISTER, Mobile, Ala., Aug. 3, 1917 (1) and
wily 21, 19927 (i-2).
12) Collins: EAGLE, Dothan, Ala., June 12, 1937; "Miscarriages
of Justice in Potentially Capital: Cases," by Hugo Adam Bedau
and Michael L. Radelet; STANFORD LAW REVILW, November, 1987,
- pp 106-107.
Arizona
13) Aviles; Létter dated December 10, 1981, from Susan H,
Abbey, Sharlott Hall Historical Society, Prescott, Arizona;
PRESCOTT'S YESTERDAY, by Melissa Ruffner Weiner, page 18.
Arkansas;
14) Hudspeth (Hedgepeth):: COURIER-JOURNAL, Louisville,, Ky.,
Dec, 31, 1892; NEWS, Galveston, TX, July 3, 1893 (1:6); TRUE
WEST, Oct., 1983,. page 52.
Florida/ Anderson::
15)/Bedau and Radelet, pages 91-92
Dawson:
16)/Bedau and Kadelet, EE p 109
Adams |
17)/Bedau and Radelet , p 91
ederals
TES batizips: . "The Innocent Were Hanged, Too," by Olivia E
Meyers; TRUE WEST, October, 1966, page 22, ” Pes '
Illinois::
19) Hailwagon:: POST, Pittsburgh, Pa., March 25, 1882; Speech
of a legislator who witnessed the execution in faovor of abill
to abolish the death penalty,
ine Bibliogruphys:: Innocents Lxecuted,
Kentucky:
20) Hamilton; DAILY: NATIONAL INTELLIGENCER, Washington, D. C.,
August ZAK 25, 1823 (2:4).
21) McLaughlin::Court Records; Letter dated Mar, 22, 1977, from
Mrs. Leo M. Royse, Route One, Box 263, Flemingsburg, Kentucky,
410 41, 7
22) X%. Sheely: CHRONICLES OF CYNTHIANA AND OTHER CHRONICLES, by
Mrs. L. Boyd; Cincinnati: Robert Clarke & Co., 1894, pp 122-2 3,
23 & 24) King and Owens:: NATIONAL PO LICE GAZETTE, Feb, 9,
1867 (4) and July 6, 1867 (4); HISTORY OF KENTUCKY, by Lewis and
Richard H. Collins: Covington: Collins & Co.; Vol. I, p 246
25) Buckhannan: Wolfe County News, May 20, 1983 (@:1:1).
Maines:
26) Bedau and Radelet, p 76; EVENING JOURNAL, Lewiston, Me.,
April 17, .18 85.
Marylands:
27 & 28) Two blacks; NATIONAL POLICE GAZETTE, May 28, 1881 (333)
Massachusetts:
29 & 30) Daley and Halligan:: ANNALS OF MURDER, by Thomas McDade:
Norman, OK: University of Oklahoma Press, p 75; SUNDAY GLOBE,
Boston, MA, June 13, 1982; GLOBE, Boston, March 19, 1984.
31) O'Neil: McDade, pp 216-217; DAILY NEWS, Galveston, TX,
Jan. 8, 1898 (2:3); POST, Boston, MA, June 26, 1950.
32) Tucker::MASTERPIECES OF MURDER, by Edmund Pearson; New
York: Bonanza Books, 1963, pp 157-179; Bedau & Nadelet, p 164,
33 & 34) Sacco & Vanzetti::THE UNTRIED CASE, by Herbert B.
Ehrmann; New York: Vanguard, 1933; Bedau & Radelet, pp 157-158.
Mississippi:
35) Hicks:: COURIER, Natchez, Miss., Dec. 31, 1850,
36) McGee:;: PLAIN, DEALER, Cleveland, OH, Dec. 7, 1945; SOUTH
OF FREEDOM, by Carl Rowan s: New York:: Knopf, 1952, pp 174-192;
AGAINST OUR WILL, by Susan Brownmiller; New York:: Simon
& Schuster, pp 239-245; Bedau & Radelet, pp 145-146,
37) Pulliam: DAILY NEWS, Jackson, MS, May 25, 1950; POST,
Bicksburg, MS, 1-30-1977.
KMAKKEXKKXXX Montana:
38) Anderson (aka ?Fields): ENTERPRISE, Livingston, Mont.,
July 14, 1894 (1) and July 21, 1894; letter dated April ds Ge
1977, from Ms. Naomi Fleming, 304 W. La Bonte St., Box 645,
Dillon, CO 80435, niece of the victin,
Nebraska: MAKX
39) Marion: NEWS, Galveston, TX, March 24, 1887 (232);
tinnamed Nebraska paper, 8-3-1891 (1-1)
a, ee Bibliography: Innocents executed,
40) Shumway: STAR, Lincoln, NE, 1-16-1908 and 3-5-1909; "Efforts
to Abolish the Death Penalty in Illinois," by James J. Barbour:
JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY, Volume 9, page 508;
Bedau and Radelet, Page 161.
a New Hampshire::
41) Blay: GUARDIAN, Manchester, NH, Jan. 6, 1877; CITIZEN,
Taconia, NH, Dec. "20, 1961.
42) Buzzell: NATIONAL POLICE GAZETTE, Mar. 8, 1879 (6-1); duly
19, 1879 (2-3); and Nov. 1, 1879 (11-4); THE GRANITE MONTHLY ,
eat e. 1897.
New sey:
43y ell and McCoy: HISTO RY OF SUSSEX AND WARREN. COUNTIES, by
James P, Snell; Philadelphia: Everts and Peck, 1881, Page 199
4 Pickering: : HISTORY OF CUMBERLAND COUNTY, by Thomas Chshing
and Charles E, Sheppard; Philadelphia: Everts & Peck, 1893, p 531.
46) Coles: Snell, p 200; HISTORICAL COLLECTIONS OF THE STA TE OF
NEW JERSEY, by John Barber and Henry Howe; Neward; Benjamin
co Olds, 1844, p 473; McDade pp 61-62 )
47) Donnelly: DAILY REGISTER, Mobile, AL, 9+19-1858; PRESS,
Asbury Park, NJ. 1-10-1971; McDade , pp 79-80
48) ‘Lamble (Beanasn) i NEW JERSEY PUBLIC HEARINGS ON A SSEMBLY
BILLS 33 & 34, Second Day, p 29 A (Testimony of G. J. Deardorf, Jr.);
TIMES, New York, Aug. 26, 1921; TIMES-P1C,,.YUNE, New clas ake LA,
4-3 O-1929; Bedau & nadelet, po 124-125,
2 ae Bedau & nadelet, 124-125,
oe “ales Yo rks:
50). res A RUMOR OF REVOLT, by T. J. Davis: New York: The Free
EughS » 198 5.
se seen ee
51) Woods McDade, 330-31; Teeters & Hedblom, pp 233-234,
52: &-53)Béoker & Cirofici::AGAI NST THE EVIDENCE, by Andy Logan;
New York: McCall Publishing Co., 1970; Bedau & Radelet, pp 95-86.
54) Bambrick; TIMES, New York, NY, 10 -7-1916 (1-3); Bedau &
Radelet, p 93.
55 \e-56). Grzechowiak & Rybarczyk: COURIELA-EXPRESS, Buffalo, NY,
July 16, 17 &.18, 1930; Bedau & Radelet, p 121,
57) Appelgate::THEY DIED IN THE CHAIR, »yv \enzell Brown; New
York; Popular Library, 1958, pp 90- 116; TRUE PQLICE CASES, Dec.,
1980, p 2; MURDER ONE, by Dorothy Kilgallen; New York: Random
House, 1967, pp 189-230; Bedau & Radelet, p 92.
58) ‘Wings: MELT THLE MURDERER, by Lewis Lawes; New York: Harper
Brothers, 1940, pp 223-226; "Bedau & Radelet, p 170,
